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Home My WebLink AboutCounty of Mendocino 2013-09-03 _ _ _ _ ! ��u. G9G3i3 SETTLEMENT AGREEMENT AND MUTUAL RELEASE This Setticmcnt Agreemcnt and Mutual Releasc (`Agreement" or "Settlement � Se �C��r�Y�e( �3; Agreement") is entcred into as of�_, 2013. by and between the Cit'ies of Fort � Brae� ("��ort Bragg��). Ukiah ("Ukiah") and thc Cow�ty of Me��docino (the "County") �vilh respcct to thc following Yacts: A. Fort I3ragg. in conjunction with the City of Ukiah and lhe City of Willits (collectivcly. the "Citics") filed an action against tlle County entiticd Citv of Ukiah, Cit�� of I�ort Br��e and City oC Willits v. County of Mendocino, Mendocino County Superior , I Court Case No. SCUK CVPT1362029 (the "Action"). �i B. Thc Cities made demands upon the County to comply with Revenue and ' Taxation Code Sections 97J5 and 95.3 as interpreted in City ofAlhainbra v. County of I,i Los Anecles (2012) 55 Cal. 4th 707. 712 to c�lculate each City's proportionate share of� ' thc actual, incrcmcntal costs to implemen� the vehicic license fees swap and the Triple Plip a��d to recalculate cach City's Yroperry Tax Administration Fee ("PTAF") Ior the fiscal years on and aftcr tiscal 2006/2007. The Cities demanded a relund in an amount representing the differcnce bctwcen thc PTAF actually chareed and the corrected PTAF. � C. l�o avoid lurther litigation and expenditure of tiroe and cffort, Fori [3ragg. Ukiah ('parties" as used herein) and the County have agreed lo settle this matter. "Chis A�,reement memorializcs that settlemcnt � � i i � NOW THERF,FORE, in consideration of the toregoing and the mutual promises, agreements and representations set forth below, the parties hereto agree as follows: I . On or before September 2, 2013, the County shall pay to Fort Bragg [he total sum of$73,216 (Seventy-Three 'I�housand T«�o I lundred Sixtecn Dollars) ("Fort �� Bragg Setticment Paymcnt'). On or bcfore the saine date, the County shall pay to Ukiah � the total sum oC$172.988.00 (One Hundred Seventy-T�a-o Thousand, Nine Hundred and � F.ighty L'ight Dollars)("Ukiah Settlement Payment"). Upon receipt oPthe Port Bragg � � Settlement Paymcnt and the Ukiah Settlement Paymenl, Fort Bragg and Ukiah shall file a I Requcst (�or Dismissal �vith Prejudice of the entirc action. 2. Cxcept for the obligations arising under this Agreement, I�ort Bragg and Ukiah release the Countv and its a«ents, representativcs, and attorncys, from any and all claims, liability, demands, dcbts, damagcs, expenses and causes or potential eauses of i action, past, present, or future. kno��n or unkno��n, suspected or unsuspected, at law or in ' I equity, of any kind or nature whatsoever, rclating to or arising out of the subject matter I of the Action ("Released Gaims") that Fort I3ragg or Ukiah have or may have, based on � acts or omissions of County and its oflicials or employees occurring on or before April 17, 2013 against thc County. �' , 3. Except for the obligations arisina under this Agreement. Thc County � hcrcby rcleases Fort Bragg and Ukiah ai�d their officcrs, directors, agcnts, '� rcpresentati��es, and attorneys, from any and all claims, liability, demands, debts, damages. expenses �nd causes or potential causes of action, past, present, or future. known or unkno�vn, suspected or unsuspected. at law or in equity, of any kind or nature 2 I � il ' whatsoever, that the County has or may have, now or hereafter, against Fort Bragg and Ukiah relating to or arising out of the subjcct matter of the Action ('Released Claims"). 4. The partics to this Agrcement acknowledge and agree lhat the Releases set forth herein include both kno�vn and unkno�vn claims �vith respect to those matters that arc to bc released. "I�hc parties acknowledge and agrec that they are aware of and have becn advised by their respective, separate counsel of California Civil Code Section 1�42, which provides as follows, and they each expressly waive their rights under Civil Code Scction 1�42 with respect to tlie mattcrs released: "A eeneral release does not extend to claims �vhich the creditor does not kno�� or suspect to exist in his or her favor at the tin�e of execu�ing the rclease. which if known by hiin or her, must have materiallv affccted his or her settlement with thc debtor." 5. Cach party hereto acknowledgcs and agrees that it has not assigned or � transferred. or purported to have assigned or transferred, voluntarily, involuntarily. or by operat�ion of law. any of the Rcicased Claims. 6. �ach party hereto ackno�vledges and agrees that it has been represented by ' I independcnt counscl ol�its ow�n choice throu�hout all negotiations �vhich have preceded I the execution of this Agreement and that it has exccuted this Agreement after consultation �rith such indepcndent counseL 7. The parties hereto acknowledge and agree that: (a) This Agreemcnt contains the entire agreement and understanding �I concernin� the subject mattcr between them and supersedes and replaces all prior � negotiations, proposed agreements and agreements, written and oral; 3 � — — — - - i (b) �herc have becn no inducements or representations upon which this � Agreement has been cntercd into except as set forth in this �lgreement; and (c) No tcrm of this Agreemcnt may be amendcd, inodified ar eanceled except by wriucn agreement signed by cach of them. 8. Other than the representations made herein, each o1'the parties to tl�is Agreemeut ackno�vled�es that iY the facts �+�ith respect to ��hich this Agreement is executcd arc found hereaficr to be different from what they now believe those facts to be, � each expressly accepls and assumes the risks of such possible dif�terences and agrees thal this Agreement shall be, and shall remain, eCfective, not�vithstanding such difYerences. 9. The parties each agree to promptly cxecute and deliver such documents that arc reasonabl�� required to be ezecuted by a party to effectuate this Agreement. 10. Any individuals executing this Agreement on behalf of entities represent and �varrant that thc�� tire unconditionall}� authorizcd to execute this t�greement on behalf � of thosc entities. 1 1. 1�his Agrcement shall be binding upon and shall inure to the benetit of the li parties to this Agreement, and each of thcir respective successors, assigns, and I representatives. �� 12. This Agreement is entcred into as a good faith settlement, and it is not an � admission of liability or wrongdoing by any party and shall not bc construed or used against any part�� as evidence thereol�. 13. The prevailing party in any lawsuit or other legal proceeding brought as a result of a breach by any party to this Agreemcnt or to enfarce any party's rights undcr j 4 I � — — — — - . , � this A reement or ertainin to the sub'ect matter of this A reement shall be entitled to � � I � � P � . i recover its costs, including reasonable attorneys' fees, incurred therein. 14. This Agreement may be exccuted in counterparts, which, when executed by I � all of the parties hereto. shall taken togethcr, constitute this Settlement Agreement. �I i 15. This Agrceu�ent has been made in and shall be interpreted in accordance with thc la��s of the Statc of California I THIS AGREEMENT HAS 6ECN FULLY READ, UNDERSTOOD AND IS I VOLUNTARILY SIGNF,D I3Y MY HAND. Scpf a�•bc� DA"1'LD: �4�+sF�. 2013 CO MENDOC O � Name: Title: DnTGD: August_. 3013 � CITY OF FORT I3RAGG �y i Name: Linda Rufting 'I�itle: City Manager �� DnTED: August , 2013 CITY OF UKIAI3 By i I a e: Jane Chambers �I � Title: City Manager THE ABOVE AGREEMENT HAS BGEN READ AND THE TERMS I � THGR�OF EXPLAINED TO OUR RESPECTIVE CLIENTS, AND THE FORM I 5 � I F THE AME HAS BEEIV HEREQY APPROVED AS TO FORM BY COUNSEL O S � AS FOLLOWS: ; DATED: t 3 . 2013 C�UN - � Sc��'er ' � I3y: THOMAS R. ARKER At[orney for Respondent County of Mendocino � DATED: August_, 2013 MEYGRS.NAVE, RII3ACK,SILVER&WILSON �, . / � % C��y:�-" DA ID WARNER � � City Attorney Attorneys lor Petitioner City of Port Bragg �I I I DA'1'ED: Aucust , 2013 ItAPPORT AND MARSTON I I3 : � , � Y ID J. PP II � ilttomcys for Petitioner Cities of Fort Bragg and Ukiah il � 6 � � • I � this Agreement or pertaining to the subject matter of this Agreement shall be entitled to , recover its costs, including reasonable a[torneys' fees, incuned therein. 14. This Agreement may be executed in counterparts, which, when executed by i all of the parfies hereto, shall lake� together, constiLute this SeCtlement Agreement. 15. "I his Agreement has been made in and shall be interpreted in accordance with the laws of the State of California THIS AGREEMENT HAS BEEN FULLY READ, UNDERSTOOD AND IS VOLUNTARiLY SIGNF,D BY MY HAND. UATED: August__, 2013 COUNTY OF MENDOCINO By I Name: Title: UATED: August�, 2013 CITY OF FORT B C3 , By � ti�..��- � � � Name: Linda Ruffing Title: City Manager DATGD: August_, 2013 CITY OP UKIAI{ By- - / _ a e: Jane Chambers Title: City Manager 7'HE ABOVE AGRF,RMENT HAS BEEN READ AND TH� TERMS TH�RGOF �XPLAINED TO OUR RF,SPECTIVE CLIENTS, ANll THE FOKNI I� 5 t - - -